Vermont § 5718 - Mediator report; disclosure; background

§ 5718. Mediator report; disclosure; background

• (a) A mediator may not make a report, assessment, evaluation, recommendation, finding,
  or other communication regarding a mediation to a court, agency, or other authority
  that may make a ruling on the dispute that is the subject of the mediation, but a
  mediator may disclose: (1) whether the case is not appropriate for mediation, whether the mediation occurred
  or has terminated, whether a settlement was reached, and attendance; (2) a mediation communication as permitted under section 5717 of this title; or (3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation
  of a child or vulnerable adult to a public agency responsible for protecting such
  individuals against such mistreatment. (b) A communication made in violation of subsection (a) of this section may not be considered
  by a court or other tribunal. (c) Subsections (d), (e), (f), and (g) of this section do not apply to an individual acting
  as a judge. (d) Before accepting a mediation, an individual who is requested to serve as a mediator
  shall: (1) make an inquiry that is reasonable under the circumstances to determine whether there
  are any known facts that a reasonable individual would consider likely to affect the
  impartiality of the mediator, including a financial or personal interest in the outcome
  of the mediation and an existing or past relationship with a party or foreseeable
  participant in the mediation; and (2) disclose as soon as is practicable before accepting a mediation any such fact known. (e) If a mediator learns any fact described in subdivision (d)(1) of this section after
  accepting a mediation, the mediator shall disclose as soon as is practicable. (f) A mediator shall be impartial, unless, after disclosure of the facts required in subsections
  (d) and (e) of this section, the parties agree otherwise. (g) A person who is requested to serve as a mediator shall disclose the mediator’s qualifications
  to mediate a dispute if requested to do so by a party. (h) A person who violates subsection (d), (e), or (f) of this section is precluded from
  asserting a privilege under section 5715 of this title. (i) Unless otherwise required by law, no special qualification by background or profession
  is necessary to be a mediator under this chapter. (Added 2005, No. 126 (Adj. Sess.), § 1.)